Client, who is a green card holder, was detained by ICE and charged with removability for an alleged conviction of a crime involving moral turpitude within 5 years of admission. Client was denied bond and the government added an additional charge based on 2 alleged prior felony convictions that the client had allegedly sustained. Government claimed mandatory detention.
After Attorney Chelico was retained to represent client he filed multiple motions for bond and for termination of proceedings. Attorney Chelico argued that the government had no case against his client and that it failed to meet its burden of proof pursuant to the U.S. Supreme Court holding in Woodby v. INS. The court initially declined to release client or grant the motion to terminate. After Attorney Chelico filed the last motion, the court ordered that the proceedings be terminated and ordered that the client be released from detention on his own recognizance. Client has been released. The government reserved appeal.